In accordance with the legislation of the Republic of Belarus the exclusive right to a utility model is protected by the State and is certified by a patent. The scope of legal protection conferred by a utility model patent is determined by its claims.
The exclusive right over the exploitation of a utility model includes the right to use the utility model in one’s own discretion, assuming this does not violate the rights of others, and the right to prohibit others from using the utility model.
The owner of a patented utility model has the exclusive right to use it during the term of the patent as from the date on which the particulars of the grant of the patent were published in the Official Bulletin of the National Center of Intellectual Property.
The patent term covering a utility model is 5 years from the filing date of the application. The patent authority of the Republic of Belarus may extend the term of such patent upon the request of the patent owner, but by no more than 3 years.
The application for the grant of a patent for the utility model is filed with the patent authority of the Republic of Belarus – the National Center of Intellectual Property that carries out examination of the application and decides whether to grant a patent for the utility model or to refuse to grant a patent.
The application for the grant of a patent for the utility model must relate to one utility model only or to a group of utility models so linked as to form a single general inventive concept (“requirement of unity of utility model”).
The utility model application is not examined to determine if the claimed utility model meets the requirements of patentability. In the course of the expert examination of the application for utility model, availability of the necessary documents and observance of the requirements established for them are checked, and the question whether the claimed proposal relates to subject matter of the utility model is considered.
In order to be eligible for legal protection, a utility model must:
A utility model is considered to be novel if it does not form part of the state of the art. The state of the art comprises everything made available to the public* anywhere in the world before the priority date of the utility model, and also includes, on condition of their earlier priority, all applications for inventions and utility models (except for those withdrawn) filed by other persons in the Republic of Belarus, and inventions and utility models that have been patented in the Republic of Belarus.
A utility model is considered to be industrially applicable if it can be used in industry, agriculture, public health or other fields of activity.
The following are not considered utility models:
solutions that are contrary to public interest, principles of humanity or morality.
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